The above-mentioned services/web content create undue system load on our servers. All violations will be shut down immediately and may result in account suspension and/or termination. No refund will be provided in such cases.
Fake hits through API, single IP or other malicious sources will not be entertained. Any attempts to undermine or cause harm to an IBN Internet Solutions server or customer of IBN is strictly prohibited.
The client is solely responsible for the content or data hosted at his/her website/server. He/she will be directly responsible for any legal action that may arise due to content hosted at his/her website/server. If asked by government authorities, IBN has full rights to share client’s details/data even without client’s approval.
If some other party is able to get the domain name (that you have applied for) registered prior to you, then IBN cannot and shall not be held liable in such case. In case of any dispute arising out of this, the company’s liability shall be restricted purely to making refund of the amount received by it for a new domain request and not beyond.
If in case the client has wrongly spelled his domain name then no refund will be applicable following the registration of domain.
You acknowledge that you have read ICANN Registrant Rights and have understood the responsibilities and rights that registrants (you) have with their domain registrar (IBN) when they have a domain name registered through them.
You acknowledge that it’s your responsibility to keep records and maintain reminders regarding the expiry of any service. As a convenience to the client, and not as a binding commitment, we may notify him of any expiring services or services due for renewal, via an email message sent to the contact information associated with the customer in the IBN’s database. Should renewal fees go unpaid for a service, the service will expire automatically & IBN will not be responsible for any loss that may occur due to expiry/termination of services.
Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by www.cloudibn.com on behalf of the account holder, a handling fee may be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
All domain Registration/Renewals/Transfers are governed by ICANN Policy.
Thus, you agree to have read, understood, and acknowledge to be bound legally by the Registrar Transfer Dispute Resolution Policy; ICANN Rules for Uniform Domain Name Dispute Resolution Policy; this Agreement; any IBN policies and procedures that are or may be published from time to time by IBN, ICANN, and/or the Registry Administrator chosen by ICANN.
It is the client’s responsibility to change the nameservers. The propagation time for changes to reflect would be 48-72 hours and it can even exceed due to registry problems, ISP issues or technical factors whatsoever. The company in all such cases cannot and shall not be held liable to for changing of nameservers or any delays associated with it. No complaint tickets in this regard shall be entertained also.
All genuine and valid password reset requests from owners originating from member control panel shall be processed and completed. In case of any disputes, the FTP log and other system specific details shall be made available to concerned government authorities, if a proper request is received from concerned authority.
The company can change its hosted servers at any time as per its necessary technical requirements and shall not be liable to update clients about such steps. Nor shall the company be under any obligation to notify clients about any technical emergency or server downtimes.
Our SLA agreement of 99.9% uptime is applicable only to Network availability and it does not take into account elements like emergency downtimes and Hardware failure.
Any action/processes that abuse/harm IBN’s server or negatively impact other clients’ service experience is strictly prohibited.
Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:
The total number of inodes in an account may not exceed 75,000. Every file (a webpage, image, email, php file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.
A directory cannot contain more than 2,500 immediate child files. This includes subdirectories themselves, but does not include files contained within those directories.
IBN although have plenty of available system resources but to avoid too much consumption of resources by any single user; IBN has placed limits on the amount of a server’s resources that any given user may consume and the same shall be applicable to you as well. While these are limits, server abuse is not limited to these policies and is up to IBN’s discretion what constitutes server abuse.
On certain web hosting plans, IBN does not place limits on the amount of particular resources a single client may use. IBN makes every reasonable effort to provide clients with the disk space and bandwidth resources needed for their websites within the limitations of these Terms of Service. IBN monitors all servers via automated and non-automated methods to help ensure no single client adversely impacts other clients located on the same server.
Please note that shared hosting plans are for website hosting, and the storage of backups, file repositories, music files, videos, photo archives, data storage in the form like .exe, .jpg, .png, .mp3, .mp4, .wav, .zip, .rar and similar are strictly prohibited. Violators of this policy may have their accounts terminated without refund. In case your website has videos then only .flv & .3gp formats are allowed with size limit as 4 MB/video.
Maximum 4% CPU resources & 50 MB RAM per account can be consumed in case of shared hosting and IBN shall allow only 500 MB mail box size , 5 GB as total mail box size per domain. It is further clarified that in case of shared hosting maximum 250 mails can be sent per domain with total recipients 25 while mailing 25 mails per 5 min.
We allow 10 FTP per hosting account even in case of Unlimited Domains Hosting Plans.
Reselling is not allowed on shared hosting plans. If reselling is desired, a reseller plan must be purchased. All the domains for a particular shared hosting account need to have single ownership. IBN holds the full right to suspend/terminate the shared hosting accounts that have domains with multiple ownerships.
IBN provides root server access but in case the client uploads any applications or tamper with the server then IBN will not be responsible for any mishappenings/server failure. The client will be solely responsible for the mishappenings and IBN will not be liable for any support in order to restore the server to its previous state. IBN’s support team may ask for the appropriate amount, to be paid by client, in order to restore the server (only if the backup is available).
IBN forbids the use of unauthorized software or use of scripts or software runs on its servers that can cause the server to load beyond a reasonable level, as determined by IBN. Third party script installation is at client’s own risk. IBN will not be responsible for any data loss/ security issues that occur due to the third-party software that client installs at their end or get them installed by IBN team. You agree that you shall use only authorized/ licensed software installed by IBN as per your requirement. You will be directly responsible towards the software provider so far as the software is related and IBN shall not be responsible in any manner either towards you or towards the software provider regarding any dispute, claim or any difficulty related to the software.
No client shall change the server passwords without intimating us. In case, any client does it, then he will be responsible for any downtime of server or services.
No server logs can be provided by IBN to clients. In case, the client has done the setup to manage server logs then only IBN’s team can only assist the client in getting the logs.
In case, a particular VPS/Dedicated server is consuming high bandwidth then clients are liable to pay as per the bandwidth usage.
Please note that we do not host pharmacy sites on our servers. If it is brought to our notice by a complainant or if it is discovered that you are using our services to run a pharmacy business, then the reported site will be suspended with immediate effect and no refunds will be made in such a case. As a convenience to the client, and not as a binding commitment, we may inform the client and the complainant about the suspension of the site and reason for the same.
The mails in deleted folder will get automatically deleted after 30 days. Rest items will get automatically deleted after 3 months. (Not from the MS Outlook but from email server)
No client can use email server for data storage including the option of leaving a copy on the server.
Client is allowed to keep only relevant mails keeping in consideration the mailbox size limitations. IBN allows only 500 MB mail box size and 5 GB as total mail box size per domain.
Service Rates
Customer/Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to him. Customer/Subscriber is aware that the company may prospectively change the specified rates and charges from time to time.
The establishment of any service is dependent upon receipt of stated charges by the Company. Subsequent payments are due on the anniversary date of the month for that month’s service or, on the annual renewal date in case of services purchased annually. Payments are accepted only in the form of crossed Demand Drafts, Cheques, Credit Cards or any other payment option communicated by the company. Charges for all services are payable prior to the beginning of each service period. Failure to pay in no way relieves the customer from making full payment. IBN retains full rights to charge for or alter specifications or discontinue any of the services/ features offered under the various schemes at any time, without any prior notice. It shall be our endeavor to set-up the server within a stipulated time frame as defined in our SLA, upon the receipt of the completed form along with the payment (realization). If however, there is a delay due to any unforeseen circumstances, the customers are requested to kindly bear with us. Additional or customized services are available at extra cost as applicable and as mentioned in the hosting scheme. You accept that your account may be temporarily or permanently suspended without any prior notice or information to you in any event of non-payment from your side for any of IBN’s services.
Cheques and Drafts returned for any reason are subject to returned item charge. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of IBN. Accounts not paid by due date may be subject to a late fee at the sole discretion of IBN. If you desire to cancel your account, please raise a ticket in the member control panel 30 days in advance. Failure to notify cancellation in advance would result in services billed and payable for the next period.
The Company may temporarily deny all services provided or terminate this Agreement upon the failure of customer to pay charges when due. Such termination or denial will not relieve customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. In case your hosting service expired before the expiration of your domain then the Parking page of our company is shown and it is removed when the payment of hosting renewal is realized to us. You acknowledge that it’s your responsibility to keep records and maintain reminders regarding the expiry of any service. As a convenience to the client, and not as a binding commitment, we may notify him of any expiring services or services due for renewal, via email message sent to the contact information associated with the customer in the IBN’s database. Should renewal fees go unpaid for a service, the service will terminate automatically & IBN will not be responsible for any loss that may occur due to expiry/termination of services.
If any TDS is deducted on the professional services, then the credit for the same would be applicable only and only when the same is reflected in our 26AS for the corresponding quarter.
If for any reasons, you are managing two different member panel accounts then transfer of fund from one account to another account is not allowed. While sending offline payments, please make sure that you send us different DD/cheques for different accounts.
Any promotional offer introduced through the www.ClouIBN.com (IBN) is available inside your Control Panel or while placing the order. Also, any promotional offer is contingent upon company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
These terms and conditions apply to those promotions where you must redeem a promotion code as part of the offer.
The client needs to send address and ID proof scan copy for cross verification of account ownership. The change in email ID can be immediately done if the address proof provided by the client matches with IBN’s records for that particular client.
The client needs to send us an email along with his ID proof mentioning the reason for the change in email ID. We further analyze the situation by sending the mail to the registered email ID for the requested change. We automatically make the changes if we don’t get any response from registered email ID within one week (from the mail sent time).
The client needs to send us an email along with his ID proof mentioning the reason for the change in email ID. We further analyze the situation by sending the mail to the registered email ID for the requested change. We automatically make the changes if we don’t get any response from registered email ID within one week (from the mail sent time).
Your use of the service is purely at your sole risk. IBN Live is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on IBN servers unless otherwise specified depending on the account type. IBN performs backups of shared and reseller servers; however, these backups are for IBN’s administrative purposes only, and are in no way guaranteed! Customers are responsible for maintaining their own backups on their own personal computers. In case you are storing the backup at the server then you can only keep a single copy of the backup. IBN does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on IBN’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. It is your responsibility to take a backup of your site on your personal computer. We make no guarantees about the availability of backups.
In addition, Users may not use the IBN’s Network in order to:
Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (‘spam’) in a way that could be reasonably expected to adversely impact the IBN’s network, including, without limitation, using an e-mail account on IBN’s network to send spam or bulk e-mail, or using the service of another provider to send spam or to promote a site hosted on or connected to the IBN’s Network.
Any commitment of sales team to client regarding availability of technical features, unless in accordance with technical specifications and plans mentioned on company website would not incur any liability upon the company. All such unsubstantiated commitments by sales team on phone or mails would not carry any weight in the eyes of company and exempt it from legal action.
In case of non-payment, all services will be suspended/terminated as per the service’s expiry date. IBN will not be responsible for any data loss or monetary loss that you may incur due to this.
Requests for canceling accounts may be made in writing with at least 30 days’ notice but not more than 60 days prior written notice and by the subscribers /customers through the member control panel Only the authorized account holder or an authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.
In case of migration/upgradation, your old server/account will be terminated in 48 hours of the activation of the new server/account without any further intimidation. It is the client’s responsibility to ensure the full completion of migration within 48 hours of getting the new account details. IBN will not be liable for any data loss/mishappenings that may occur after 48 hours of the activation of new account. In case you are migrating/upgrading your server/account near the expiry date of the old server/account then client’s old service/account will be deactivated on its due expiry date. It is the client’s responsibility to migrate all their data on new account before the old server/account expiry date. In case of VPS server migration, data is migrated from the old VPS (with your previous hosting provider) to the new VPS (bought from us) only if the previous VPS has CPanel or Plesk on it. For all VPS, without a control panel, the support team will only move the website files. All the other databases, emails and any other data will have to be moved by the user.
Subject to the terms and conditions of this agreement, IBN shall try its level best to offer the dedicated services throughout the term of this Agreement. You, however agree that from time to time the services may be inaccessible/ inoperable for any reason, including, without any limitation:
IBN explicitly reserves the right and sole discretion to: Modify its pricing, if desired by IBN from time to time. Establish guidelines and limits concerning the use of the services. Terminate your use of services for use of our services to unnecessarily/illegally harass IBN or third parties, non-payment of fees for our services, activities designed to embarrass, defame, harm, threaten, abuse, slander/ stalk third parties, activities prohibited by the laws of India and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as terrorism, child pornography, hate crimes, activities that are tortious, obscene, vulgar, invasive of the privacy of a third party, ethnically, racially, or otherwise objectionable in the sole opinion of IBN or declared by the law of land, activities designed to harm minors in any way, activities designed to impersonate the identity of a third party, and other activities whether lawful/unlawful that IBN determines, in its sole discretion, to be harmful to its other customers, reputation or operations. Terminate your use of services if Your use of services results in, or is the subject of, legal action or threatened or proposed legal action, against IBN or any of its affiliates/partners, without considering for whether such legal action or threats or proposed legal action is eventually determined to be with/without merit; and terminate Your use of services at any time and for any reason if deemed reasonably necessary by IBN.
The information contained in www.cloudibn.com is for general information purposes only. The information is provided by www.cloudibn.com and while we endeavor to keep the information up to date and correct. We make no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to www.cloudibn.com or the information, products, services, or related graphics contained on www.cloudibn.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of www.cloudibn.com. Through www.cloudibn.com you are able to link to other websites which are not under the control of www.cloudibn.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. Every effort is made to keep www.cloudibn.com up and running smoothly. However, www.cloudibn.com takes no responsibility for, and will not be liable for, www.cloudibn.com being temporarily unavailable due to technical issues beyond our control.
We reserve the right to refuse service to anyone at any time for any reason.
The laws of the Republic of India shall govern this agreement. In any event of dispute the area of Jurisdiction would be Pune only.
You agree that you as the person legally responsible for use of this account are at least 18 years of age. You agree to supply IBN with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
By placing, hiring and continuing to maintain or place information at IBN’s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
We always treat our customers with utmost respect and expect the same from you too. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days’ notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.
Please do not provide your sensitive information to our agents/executives etc. like login details, passwords, banking info etc. on Skype Chat. You may also not make any commitments on live chat. All such commitments, disclosures and interactions with our team would solely be at your own risk and IBN does not deem valid or vouch for the authenticity of all such interactions. IBN recommends that for all complex and advanced issues customer duly raise a ticket by logging into their member control panel. The support team will not be responsible for damages or issues arising from the activities like upgrading kernel, OS, running windows updates and external software like firewalls and anti-virus.
Your privacy is very important to us, below explains the information we collect from you, what we do with that information and our information security policy.
We will use your personal identifiable information in the following ways.
– For payment purposes and to provide convenient and targeted support.
– To contact you and announce special offers, general announcements and news. Please note you can opt out of receiving these emails at anytime by following the instructions at the bottom of the e-mail. – To improve our service and the marketing of our service. This could include using your demographic location to improve targeting of our website and customize your visit. We will NEVER provide your personally identifiable information to any persons other than A law enforcement or regulatory agency at their request, third parties who provide services on our behalf such as payment processing, only if they agree not to miss use this information. We do not under any circumstances apart from the above give away or sell your information to any third parties. Your personal information is safe with us.Our service is not available to anyone under the age of 18; never will we intentionally maintain information about anyone under the age of 18.
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time much like the cookie used for our affiliate program. You can remove persistent cookies by following directions provided in your Internet browsers ‘help’ file. We set a persistent cookie to store your passwords, so you do not have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but you will be asked to enter your username and password again every time you closed your browser or your session has timed out.
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track user’s movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information. IP addresses are tied to personally identifiable information to prevent and block abusers to keep using our services such as members who violates our terms of service. We use a third-party tracking service that uses cookies and log files to track non-personally identifiable information about visitors to our site in the aggregate of usage and volume statistics to determine how our users navigate through our website and to know how many users are using our services demographically. We use the information you provide about yourself or others to complete the transaction for which it is intended. This may include administering a service such as registration, email, forum, etc., or contacting you if you have indicated your permission to do so by agreeing to accept further notification and service announcement from us on your member profile page. You can choose to opt-out from receiving any further notification from your member profile page. We do not share this information with outside parties.
Upon using our free services, you may be requested to participate in our periodic internal surveys that are conducted by IBN TECHNOLOGIES LTD to determine your personal interests. These surveys are strictly voluntary. The data collected through these surveys will only be used to improve our products and services and will never be sold to any third parties.
When we receive email, we use return email addresses to reply with the information requested. Such addresses are not used for any other purpose and are not shared with outside parties. When supplying contact information to IBN TECHNOLOGIES LTD you can indicate your preference if you would like to be contacted to receive information and updates about our services by logging in to your IBN TECHNOLOGIES LTD account, going to your member profile page and choose not to receive any further notification emails from us or other information pertaining to IBN TECHNOLOGIES LTD. Information you submit to us will not be used for this purpose unless you indicate this as your preference. When supplying contact information to IBN TECHNOLOGIES LTD you can indicate your preference on your members profile page to participate in the IBN TECHNOLOGIES LTD newsletter. You will receive a confirmation email from us when placing an order on our site and paying through Payment Gateway.
It will certainly contain allot of useful information and any offers we may have. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them at any time.
We collect information from our website visitors using Google Analytics. We use this information to better design our Web site and services. This information is never shared with any third party. We do not link aggregate user data with personally identifiable information.
IBN TECHNOLOGIES LTD does not share, sell, rent, or trade personally identifiable information with third parties. We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described within this privacy policy without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
You can access all your personally identifiable information that we collect by logging into your password-protected IBN TECHNOLOGIES LTD account and selecting to update your ‘My Details’ We use this procedure to better safeguard your information. You can also correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
IBN TECHNOLOGIES LTD considers email transmitted via our service to be the private correspondence between the sender and recipient. We will not monitor, edit or disclose the contents of a user`s private communications, except as required by law, to comply with legal process, if necessary to enforce the Service Agreement, to respond to claims that such contents violate the rights of third parties, or to protect the rights or property of IBN TECHNOLOGIES LTD. By using the service you agree that technical processing of email communications is and may be required to send and receive messages, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service, or to conform to other, similar technical requirements. By using the service you acknowledge and agree that IBN TECHNOLOGIES LTD does not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however we have taken every step possible to make your information safe. This website is protected by Secure Sockets Layer (SSL) to protect your information. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
This Web site contains links to other sites that are not owned or controlled by IBN TECHNOLOGIES LTD. Please be aware that we, IBN TECHNOLOGIES LTD are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site.
If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. For more information please do not hesitate to send your questions via our contact form.
IBN (“www.cloudibn.com”), is a Web Presence Provider. The purpose of this Service Agreement / Service Contract “the Agreement”, “AUP” “Service Contract”, “Terms of Service” is to specify the terms, conditions, and obligations which a customer agrees to accept by his, her or its conduct of using the services of IBN for the registration and renewal of the registration of a domain name, or by opening an account for any of the entire range of services available with www.cloudibn.com for such purpose.
As used in this Agreement, the following terms have the following meanings: a: “you”, “your”, customer and “Subscriber” refer to each customer, that is, each person who avails or subscribes for any of Services from IBN. or www.cloudibn.com b: “Services” refer to the domain services, shared hosting services, dedicated servers, or any other products/services provided by us as offered through www.cloudibn.com. c: “Account” means a wholesale account opened with IBN for the registration of product /services the payment for such registrations and any other products/services; and
This Agreement explains our obligations to you, and explains your obligations to us, for various Services. By using our Services, you have agreed to establish an account with us for such Services. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), this Agreement covers such use and the service sought or rendered. By opening an account with www.cloudibn.com or by using any Services under this Agreement, you acknowledge that you have read, and you agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by us. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on IBN’s servers or register for our products/services.
IBN Acceptable Use Policy (“AUP”) is given hereunder to give our customers and users a clear understanding of what IBN expects of them while using the services. All users of IBN services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). Use of IBN Service constitutes acceptance and agreement to these IBN AUP as well as IBN TOS (Terms of Service).
IMPORTANT NOTICE: *All Payments to IBN Are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary websites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. IBN may cooperate with legal/administrative authorities in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your IBN account or other appropriate actions WITHOUT PRIOR NOTICE. The key objectives behind the establishment and enforcement of IBN AUP are:
The following constitute violations of this AUP:
1) Illegal use:
Services may not be used for unlawful purposes, or in support of illegal activities. IBN reserves the right to cooperate with legal authorities or authorized administrative bodies in the investigation of any suspected civil wrongdoing or crime and in such situation may share the information available with IBN with the law enforcement agencies without any notice to you.
2) Harm to minors:
Use of IBN service to harm or attempt to harm minors in any way, including, but not limited to pedophilic cases and child pornography. Any account found to host child pornography or linking to the same will be removed from our network immediately without prior notice whatsoever. Upon a second violation, the account will be immediately terminated without notice. Severe cases can result in immediate termination. Any implication of underage child content or misleading information perceived to be child pornography will result in the same penalties. All violations will be reported to the proper law enforcement agency without any notice to you. Any account discovered to host “Lolita” type content or linking to the same will be given one hour to remove the offending content/domain failing which we shall remove it immediately.
3) Harassment:
Use of IBN service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses anotherperson is not permitted and,as soon as it’s brought into our notice or we acquire knowledge about it, shall liable to be terminated with immediate effect without any notice.
4) Fraudulent activity:
Use of IBN service to make fraudulent offers to buy or sell items, or services, or to advance any type of financial scam such as “Ponzi schemes,” “chain letters” and “pyramid schemes” is not permitted and, as soon as brought into our notice or we acquire knowledge about it, shall liable to be terminated with immediate effect without any notice.
5) Threats:
Use of IBN service to transmit any material (by e-mail, posting uploading or otherwise) that threatens or encourages bodily harm and/or destruction of propertyis not permitted and, as soon as brought into our notice or we acquire knowledge about it, shall liable to be terminated with immediate effect without any notice.
6) Forgery or impersonation:
Adding, removing or modifying identifying network header information in an effort to mislead or deceive is prohibited. Attempting to impersonate somebody by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Our servers may not be the intermediary, source, or destination address involved in the transmission of spam, mail bombs or flames. Your domain may not be referenced as reply-to address, originator, intermediary, or in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. Any mass unsolicited message in the mediums of Newsgroups and Email would be considered spam by us. You shall not use your account for any bulk-mailing carried out for a third party including and not limited to another domain off our network. If you are found to have spammed, then we shall immediately, without warning, disable your account. Additionally we will impose a $250 penalty for each spam policy violation. Penalty for subsequent violations will be higher. We reserve the right to cancel or refuse service to known spammers. Lastly, we reserve the ultimate right to determine what violates this policy. On shared hosting, we allow 25 mails within 5 minutes including (to, cc, bcc) and it is for per domain. And you will have to use SMTP Authentication to send mail from your website.
BEGINNING WITH IMMEDIATE EFFECT, any website that supports spammers or cause any of our IP space to be listed in any of the various Spam Databases shall have their account immediately removed from our network. The account will not be reactivated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in permanent and immediate removal of the server from our network without any notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice and IBN may at its discretion initiate legal action against spamming.
1) E-mail / News Bombing:
Malicious intent to block another person’s use of e-mail services or news will result in the immediate termination of the offending IBN account E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, passing or originating through IBN service shall be considered as a violation of this AUP.
Usenet Spamming:
IBN has a zero-tolerance policy for the use of its network for the posting of messages/commercial advertisements, which violate the regulations, rules, FAQs or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
2) Unauthorized access:
Use of IBN service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of IBN’s or another entity’s computer hardware or software, telecommunications system or electronic communications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is liable to immediate termination and may also be subject to legal action against such unauthorized access.
3) Copyright or trademark infringement:
Use of IBN service to transmit any material (by e-mail, posting, uploading, hot-linking, directly linking or otherwise) that infringes any trademark, copyright trade secret, patent, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from books, magazines, or other copyrighted sources, and the unauthorized transmission of copyrighted software will be considered a trademark or copyright infringement and shall be subject to strict legal action.
4) Collection of personal data:
Use of IBN service to collect, or endeavor to collect, personal information about third parties without their knowledge or consent is a violation of this Acceptable usage policy.
5) Network disruptions and unfriendly activity:
Use of IBN service for any activity which affects the ability of other people or systems to use IBN services or the Internet is not allowed to customers. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the customer’s responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. IBN will not tolerate any customer attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
6) Net Send Spam:
The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service and initiation of legal action.
7) Fraud:
Wrongful or criminal deception intended to result in financial or personal gain and that also Involves intentional misrepresentation or misleading statement, intended to deceive another so that the individual will act upon it to her or his legal injury. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
8) Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes damage, annoyance or harassment, to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
9) Third-Party Accountability:
IBN subscribers will be held accountable and liable for any activity by third parties, using their account that violates guidelines created within this Acceptable Use Policy.
10) Violation of IBN Virtual Accounts:
It is absolutely forbidden in every way to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without any refund whatsoever.
11) IRC networks:
Hosting an IRC server is absolutely forbidden either in part of or connected to another IRC network or server. Servers found to be connecting to or part of these IRC networks will be immediately removed from our network without any prior notice. The server will not be reconnected to the network until such time that you agree to fully remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
12) Domains Chargeback Resolution:
If the fee or payment for a domain or set of domains is charged back, IBN has the right to take control of the domain or set of domains that was paid for by the disputed charge. IBN will change the domain account information as needed to take control of the domain or set of domains. The user is not guaranteed to be contacted in the event that a chargeback is received.
13) Peer to Peer Software (File Sharing):
The use of Peer to Peer or file-sharing software to permit the copying, sharing or distribution of unauthorized copyrighted material on IBN service is totally prohibited. The use of such software could result in the suspension of service.
Processes :
Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:
Files and Directories :
The total number of inodes in an account may not exceed 75,000. Every file (a webpage, image, email, PHP file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will, of course, notify you if this is the case with a full explanation.
A directory cannot contain more than 2,500 immediate child files. This includes subdirectories themselves but does not include files contained within those directories.
Web :
Simultaneous IIS/Apache connections may not exceed 50 from one individual source at any given time. Web processes should not fork or spawn sub-processes.
Email and Mailing Lists :
Files in excess of 10 MB should not be sent via email. Processes should not send outbound mail to more than 25 recipients at any given time – 25 Emails/5min. POP connections are limited to 60 per hour. SMTP connections (outbound email connections) are limited to 500 per hour per server account. Mailing lists larger than 1,500 will require a semi-dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed. Any mailing list over 900 emails is only allowed in off-peak times such as Saturday and Sunday or from 1 am to 8 am ET during the week. Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn’t support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don’t do this you will be suspended. We do not allow you to send it to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this. No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.
Cron Jobs :
All cron jobs must be ‘niced’ to 15 or greater (see the Unix manpage for “nice” for more information). A cron job should not execute more frequently than once every 15 minutes.
Defining Unlimited :
IBN is although having plenty of available system resources but to avoid too much consumption of resources by any single user, IBN has placed limits on the amount of a server’s resources that any given user may consume and the same shall be applicable to you as well. While these are limits, server abuse is not limited to these policies and is up to IBN’s discretion to what constitutes server abuse.
On certain web hosting plans, IBN does not place limits on the amount of particular resources a single client may use. IBN makes every reasonable effort to provide clients with the disk space and bandwidth resources needed for their websites within the limitations of these Terms of Service. IBN monitors all servers via automated and non-automated methods to help ensure no single client adversely impacts other clients located on the same server. Please note that shared hosting plans are for website hosting, and the storage of backups, file repositories, MP3s, videos, photo archives, and similar is strictly prohibited. Violators of this policy may have their accounts terminated without a refund.
It is made clear that in case of VIP hosting you shall be allowed to consume up to a maximum 8% of CPU usages, can send 1000 emails per hour per domain and 100 emails within 5 minutes including all cc, bcc and to.
In a similar manner maximum, 4% CPU resources can be consumed in case of shared hosting and IBN shall allow only 500 MB mailbox size, 5 GB as total mailbox size per domain. It is further clarified that in case of shared hosting, maximum of 250 mails can be sent per domain with total recipients 25 while mailing 25 mails per 5 min.
Pharmacy Sites’ Restriction
Please note that we do not host pharmacy sites on our servers. If it is brought to our notice by a complainant or if it is discovered that you are using our services to run a pharmacy business, then the reported site will be suspended with immediate effect and no refunds will be made in such a case. As a convenience to the client, and not as a binding commitment, we may inform the client and the complainant about the suspension of the site and reason for the same.
Server Log
No server logs can be provided for the shared hosting account.
Backups
Reselling
Reselling is not allowed on Shared hosting plans. If reselling is desired, a reseller plan must be purchased. All the domains for a particular shared hosting account need to have single ownership. IBN holds the full right to suspend/terminate the shared hosting accounts that have domains with multiple ownerships.
Adult Content
Pornography is strictly prohibited. Nudity, adult-oriented e-commerce stores, and similar are allowed if the content is legal in India. www.cloudibn.com will be the sole arbiter as to what constitutes a violation of this provision.
Fake hits through API, single IP or other malicious sources will not be entertained.
Third party script installation is at the client’s own risk. IBN will not be responsible for any data loss/ security issues that occur due to the third-party software that clients install at their end or get them installed by the IBN team.
If the client had opted for server management services from IBN, then IBN has an authority to curtail the root access of the server for the client. In case, client demands for root access in order to upload any applications or tamper with the server then IBN shall not be responsible for any mishappenings/server failure. The client will be solely responsible for the mishappenings and IBN will not be liable for any support in order to restore the server to its previous state. IBN Support team may ask for the appropriate amount, to be paid by the client, in order to restore the server (only if the backup is available).
IBN will not entertain reseller’s clients’ queries.
All terms and conditions for WordPress and SSD hosting remain the same as Linux shared hosting services. In addition to them, in WordPress hosting, there’s a sending limit of upto 1000/hour and mail box size is of 2 GB.
Your use of the Products is subject to the Microsoft Exchange Online Limits, which are hereby incorporated by reference, for the applicable Product you purchase, including but not limited to terms therein governing privacy and the handling of your data. Orders can be placed for monthly, quarterly, six months, 1 yr, 2 yrs, 3 yrs, 4 yrs and 5 yrs billing cycles. Customer can upgrade to higher plan at a nominal cost. Also, email quantity can also be increased any time before due date at a nominal cost. Money back guarantee and refund is not applicable for Office365.
Your use of this product will be subject to our governing policies regarding privacy and handling of your data. Orders can be placed on per user per month basis. Customers can upgrade to higher plans at a nominal cost. Also, the number of emails that a customer can send also can be increased any time before the due date, at a nominal cost. Money-back guarantees and refund is not applicable on Google Apps on any period of unused billing cycle if client discontinues prior to billing cycle or due to any reason whatsoever.
All terms and conditions for fully managed server in the Cloud remains same as the terms and conditions of VPS hosting. Orders can be placed for monthly, quarterly, six months, 1 yr, 2 yrs, 3 yrs, 4 yrs and 5 yrs billing cycles. Customer can upgrade to higher plans by paying a nominal amount. Money back guarantee and refund is not applicable for Cloud Servers. • Cloud offer’s server can’t be replaced with client’s existing active server • Cancellation of existing server will not accepted/applicable incase client wants to utilize the unused credit for this new offer’s servers All IBN’s virtual servers/cloud servers are configured with dynamic memory. The reason behind using it is that dynamic memory’s run-time configuration changes can reduce downtime and provide increased agility to respond to requirement changes. E.g.: Let’s say a tenant had 60GB of memory in his virtual machine (VM) in the beginning, but with booming business, he quickly reached that limit and so, now he needs more memory in his VM. He can afford to double the memory in his VM, but can’t afford to take his workload offline. Here, dynamic memory helps him to get the desired memory increase without suffering downtime. Terms & Conditions for Public Cloud can be read here.
Orders are accepted for 1 year only. A single SiteLock order can be used for only a single domain name. If customer wants to cover multiple domains he/she needs to buy SiteLock order for each domain. Money back guarantee and refund is not applicable on SiteLock.
Orders are accepted for 1 year only. Money-back guarantee can be availed by the only within 25 days of placing the order. The refund is not applicable to the Easy Website Builder.
The Service Level Guarantee shall not apply to the following performance issues:
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a family member, guest, friend, or employee. Therefore, you must take proper steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or try to gain unauthorized access to another network or server. Your password grants access to your account. It is your responsibility to keep your password safe and secure. Sharing your account access and passwords with unauthorized users is not advisable. You should not allow others to access your account since you shall be held responsible for such use or activity of your account. You must adopt adequate security measures to prevent unauthorized use of your account. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, account or network. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, however, are not limited to cracking tools, password guessing programs or network probing tools. You may not attempt to interfere with service to any host, user or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, attempts to “crash” a host and deliberate attempts to overload a service. Users who violate network or systems security may incur civil or criminal civil liability. IBN will cooperate fully with investigations of violations of network or system security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violationseven without any prior intimation.
IBN accounts operate on shared resources. Excessive use/abuse of these shared network resources by one customer may have a negative impact on all other subscribers or customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. Basic and Standard Customer agrees that he/she shall not use more than 5% of CPU processing and/or more than 50 Mb of RAM on any of IBN’s shared hosting servers. Also, Unlimited Customer agrees that he/she shall not use more than 7% of CPU processing and /or more than 100 Mb of RAM on any of IBN’s shared hosting servers. Any violation of this policy may result in corrective action by IBN, in its sole reasonable discretion, including assessment of additional standard charges, disconnection or discontinuance of any and all services, or termination of this service. You are prohibited from excessive consumption of resources, including CPU time, disk space, memory, and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of IBN systems or networks. IBN reserves the right to terminate or limit such activities.
Your use of the service is purely at your sole risk. IBN is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on IBN servers unless otherwise specified depending on the account type. IBN performs nightly backups (3 times in a week for website/mail; daily for a database) of shared and reseller servers; however, these backups are for IBN’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. IBN does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on IBN’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. It is your responsibility to take back up of your site at your personal computer. We make no guarantees about the availability of backups.
It is client’s responsibility to change the nameservers. The propagation time for changes to reflect would be 48-72 hours and it can even exceed due to registry problems, ISP issues or technical factors whatsoever. The company in all such cases cannot and shall not be held liable for changing of nameservers or any delay associated with it. No complaint tickets in this regard shall be entertained also. All genuine and valid password reset requests from owners originating from member control panel shall be processed and completed. In case of any disputes, the FTP log and other system specific details shall be made available to concerned government authorities, if a proper request is received from concerned authority. The company can change its hosted servers at any time as per its necessary technical requirements and shall not be liable to update clients about such steps. Nor shall the company be under any obligation to notify clients about any technical emergency or server downtimes. Our SLA agreement of 99.9% uptime is applicable only to network availability and it does not take into account elements like emergency downtimes and hardware failure.
You agree that you as the person legally responsible for use of this account has attained 18 years of age. You agree to supply IBN with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate and take legal action against any possible fraudulent credit card use.
IBN reserves the right to refuse or discontinue service to anyone at IBN’s sole discretion after giving a notice of 15 days. IBN may deny you access to all or part of the service without notice if you engage in any conduct or activities that IBN in its sole discretion believes violates any of the terms and conditions in this agreement. IBN shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
IBN makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by IBN or its employees shall create a warranty. IBN provides no warranty that the service will be uninterrupted or error-free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall IBN be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Webspace, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with IBN’s service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. You understand that by placing information on IBN’s servers, such information becomes available to all Internet users and that IBN has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of IBN servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through IBN or on the Internet generally.
This Domain Name’s Change of Registrant Agreement (“Agreement”) is by and between www.cloudibn.com (“IBN”) a Pune-based company and you, your heirs, agents, successors and assigns (“You”), and is made effective as of the date of electronic execution. This agreement sets forth the terms and conditions of your use of IBN’s Change of Registration and represents the entire agreement between you and IBN. This Agreement sets forth the terms and conditions of transferring a registered domain name from the current Registrant (“Current Registrant”) to the new registrant (“New Registrant”). By participating in this transaction, you acknowledge that you have read, understood and agree to be bound by all the terms and conditions of this agreement, including our dispute policy below along with any new, additional or different terms, policies or conditions, including the Terms of Service which IBN may establish from time to time. In addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as your agent, and transactions entered into by anyone who uses the account you’ve established with IBN, whether or not the transactions were in your behalf. You acknowledge that IBN or its licensor is a registrar bound by an agreement between IBN or its licensor and the ICANN. You agree that IBN or its licensor may modify such agreement in order to comply with applicable law and the terms and conditions set forth by the ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by IBN or its licensor.
1. IBN’s role in this transaction
The Current Registrant and The New Registrant both agree that they are entering into this Agreement of their own free will. The Current Registrant and the New Registrant acknowledge and agree IBN’s sole role in connection with this Agreement is as a processor of the transfer of the registration for the Domain Name and IBN’s only responsibility under this Agreement will be to process the electronic transfer of the registration for the Domain Name.
The Current Registrant and New Registrant assume full responsibility for the legal validity of the transfer of the Domain Name. Once the Current Registrant initiates the Change of Registrant Request, IBN will send a confirmation email to the New Registrant. You acknowledge and agree the New Registrant must log into its account and confirm the terms of the domain name change within ten (10) days of receipt of this email. In the event the New Registrant fails to confirm the change within such ten (10) day period, you acknowledge and agree the transfer will not occur and both the transaction ID and the security code for the transfer shall expire, requiring the Current Registrant to begin the process afresh.
Upon completion of the Change of Registrant of the Domain Name, IBN will send an email to the Current Registrant confirming the change of Registrant contemplated by this Agreement. If the Current Registrant has any objection to the change of Registrant whatsoever, the Current Registrant assumes all responsibility for responding to such email and notifying IBN of any objection within fifteen (15) calendar days. The Current Registrant agrees to release, indemnify and hold IBN harmless for any issues that arise as a result of an improper change of Registrant, whether intentionally or unintentionally initiated, whether by the Current Registrant or others acting on its behalf. The domain name may not be transferred to another registrar within sixty (60) days of the completion of the change of Registrant transaction (the “Transfer Prohibition Period”). In the event the domain name is subject to another change of Registrant within the Transfer Prohibition Period, the 60-day Transfer Prohibition Period will begin again upon completion of the subsequent change of Registrant transaction.
2. Legal agreements
The current Registrant acknowledges entering into a Domain Name Registration Agreement (hereinafter referred to as “Registration Agreement”) with IBN. The Current Registrant releases and discharges IBN from any and all obligations and liabilities to it under the Registration Agreement. The current Registrant acknowledges that there’s no due refund of any fees previously paid to IBN under the Registration Agreement nor is he entitled to receive any other fees or funds previously paid to IBN. The New Registrant agrees to be bound by the agreements governing all domain names registered through IBN as found here, including the Domain Name Registration Agreement; the Uniform Domain Name Dispute Resolution Policy; this Agreement; and IBN’s policies and procedures as posted on its web site. The New Registrant hereby agrees that all rights and liabilities of the Current Registrant under the Registration Agreement are hereby transferred and assigned to New Registrant.
3. Representations and warranties of current registrant and new registrant
The individuals who electronically execute this Agreement on behalf of the Current Registrant and the New Registrant hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement on behalf of the entities and/or the persons for which they sign below and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement.
4. Successors and assigns
This Agreement and all of its terms shall be binding upon and inure to the benefit of the Current Registrant, the New Registrant, and their successors, assigns, principals, agents and employees and IBN. There are no third-party beneficiaries of this Agreement.
5. Provisions specific to. In registrations
You, the Registrant, shall indemnify and hold harmless. IN Registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant’s (i).IN domain name registration and (ii) use of any. IN registered domain name. The New Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a domain name.
A. Registrants must be either:
1. A natural person (i) who is an Indian citizen, (ii) who is a permanent resident of India or any of its possessions or territories, or (ii) whose primary place of domicile is in India or any other nation or,
2. A foreign entity or organization that has a bonafide presence in India or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in India, or (ii) maintains an office or other property within India.
B. The name servers listed for all .IN domain names must be based within the India or any of its possessions or territories.
The New Registrant further certifies that IBN has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willingly volunteered such information. The New Registrant understands and agrees that such information will be verified and will be shared with the. In Registry.
The New Registrant understands and agrees that if such information cannot be verified, or if the New Registrant fails to continue to abide by the Nexus Requirements, the registered Domain Name shall be subject to immediate cancellation.
6. IBN has no liability to the new registrant for the validity of the transfer
The New Registrant assumes full and complete responsibility for and agrees IBN shall have no liability for:
• Current Registrant’s actual registration of the Domain Name.
• Current Registrant’s legal right and ability to transfer registration of the Domain Name to New Registrant.
Any and all situations existing prior to this Agreement or that may arise which cause the transfer of registration of the Domain Name to New Registrant to either be delayed or not to take place.
The validity and/or enforceability of New Registrant’s entitlement to the registration of Domain Name when the transfer is consummated.
7. Limitation of IBN’s liability
In addition to the limitation of liability provided in the terms of service agreement, both the current registrant and the new registrant agree that IBN shall not be liable under any circumstance for (a) suspension, loss, or modification of the domain name registration, regardless of the actions of any party to this agreement, (b) use of the domain name registration, or the inability to use or benefit from the domain name registration, by any party to this agreement, (c) interruption of business of either the new or current registrant, (d) access delays or interruptions of access to IBN’s website or to any other websites, (e) the non-delivery, mis-delivery, corruption, destruction or other modification of data, (f) the processing of this application or any other application for service or request for service from IBN Live, or (g) application of any dispute policy or the policies and procedures as adopted by ICANN, it’s successors or any other regulatory body.
1. Purpose :
This Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available at dispute policy, and the selected administrative-dispute-resolution service provider’s supplemental rules.
2. Your Representations :
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.
3. Cancellations, Transfers, and Changes :
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or.
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory administrative proceeding in all such cases :
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a “Provider”).
a. Applicable Disputes.
You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and you have no rights or legitimate interests in respect of the domain name, and your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three (3) elements are present.
b. Evidence of Registration and Use in Bad Faith.
For the purposes of Paragraph 4, the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name;
Or
You have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct;
Or
You have registered the domain name primarily for the purpose of disrupting the business of a competitor;
Or
By using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint.
When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining
how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4.
before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services;
Or
You (as an individual, business, or other organization) have been commonly known by the domain name, even if you have
acquired no trademark or service mark rights;
Or
You are making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider.
The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel.
The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
f. Consolidation.
In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
g. Fees.
All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings.
We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies.
The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication.
The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings.
The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision.
We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All other disputes and litigation :
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceedings that may be available.
6. Our involvement in disputes :
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the status quo :
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers during a dispute :
Transfer of a Domain Name to a New Holder
You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
Changing Registrars
You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subjected to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy modifications :
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
This agreement supersedes any written, electronic, or oral communication you may have had with IBN or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
IBN reserves the right to amend, revise or modify this Acceptable Use Policy, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
www.cloudibn.com (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of IBN Service constitutes acceptance and agreement to IBN’s AUP as well as IBN’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of www.cloudibn.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber/customer understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Being the user of IBN services, you agree and affirm that you shall not use, display, upload, modify, publish, transmit, update, share or store any information that:
(a) belongs to another person;
(b) Is harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, paedophilic, libelous, invasive of third parties privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) discloses sensitive personal information of other person or to which the user does not have any right to;
(g) causes annoyance or inconvenience or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h) impersonates another person;
(i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(j) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
Being the user of IBN’s services, you agree and affirm that you shall not host or publish or edit or store any information or shall not initiate the transmission, select the receiver of transmission, and select or modify the information contained herein above on IBN servers else it will treated as violation of IBN’s AUP and the services are liable to be suspended/terminated without refundand the IBN may initiate legal action against you for any such violation.
IBN upon obtaining actual knowledge by itself or been brought to knowledge by an authority mandated under the law for the time being in force in writing or through email signed with electronic signature about any such information as mentioned hereinabove shall act expeditiously to work with user or owner of such information to remove access to such information that is claimed to be infringing or to be the subject of infringing activity.
IBN shall provide information, without any prior intimation, to government agencies who are lawfully authorized for investigative, protective, cybersecurity or intelligence activity. The information shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cybersecurity incidents and punishment of offences under any law for the time being in force, on a written request of such government agency seeking such information.
IBN shall not deploy or install or modify the technological measures or become party to any such act which may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force.
This Agreement shall be construed in all respects in accordance with the laws of the Republic of India.
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, the customer/Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, history, account use, etc. to any law enforcement agencywho makes a proper written request without consent or notification to the customer/Subscriber. In addition, IBN shall have the right to terminate all services set forth in this Agreement.
Service Rates:
Customer/Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to customer/ Subscriber. Customer/Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment:
Establishment of this service is dependent upon receipt of payment of applicable charges by the Company. Subsequent payments are due on the anniversary date of the month for that month’s service or, on the annual renewal date in case of services purchased annually.
Payments are accepted only in the form of crossed Demand Drafts, Cheques, Credit Cards or any other payment option communicated by company. Charges for all services are payable prior to the beginning of each service period. Failure to pay in no way relieves the customer from obligations to make full payment.
IBN retains full rights to charge for or alter specifications or discontinue any of the services/ features offered under the various schemes at any time, without any prior notice.
It shall be our endeavor to set-up the server within 3 working days of the receipt of completed form along with the payment (realization). If however, there is a delay due to any unforeseen circumstances, the customers are requested to kindly bear with us. Additional or customized services are available at extra cost as applicable and mentioned in the hosting scheme.
You accept that your account may be temporarily or permanently suspended without any prior notice or information to you in any event of non-payment from your side for any of IBN’s services.
Payments and Fees:
Cheques and Drafts returned for any reason are subject to returned item charge. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of IBN. Accounts not paid by due date may be subject to a late fee at the sole discretion of IBN. If you desire to cancel your account, please raise a ticket in the member control panel 30 days in advance. Failure to notify cancellation in advance would result in services billed and payable for the next period.
Failure to Pay:
The Company may temporarily deny all services provided or terminate this Agreement upon the failure of customer/Subscriber to pay charges when due. Such termination or denial will not relieve customer/Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
In case your hosting service expired before the expiration of your domain then the Parking page of our company is shown and it is removed when the payment of hosting renewal is realized to us.
TDS:
If any TDS is deducted on the professional services, then the credit for the same would be applicable only and only when the same is reflected in our 26AS for the corresponding quarter.
Renewals:
All necessary reminders shall be mailed to clients for renewals, however, if due to spam filters or technical problems, in case clients report non-receipt of reminder mails, the company cannot and shall not be held accountable for suspension or termination of an account due to non-renewal. It is the owner’s responsibility to make timely renewal payments upon year end or as the case may be to avoid suspension or termination of account.
In case of renewals for Dedicated, VPS and Cloud Hosting, if the renewal remains overdue by the payment due date, then no grace period will be allowed on these services, and suspension and termination will be done immediately i.e. on the payment due date. It would be therefore the client’s responsibility to take the necessary backup of data before overdue. In case the data gets lost owing to any delay in renewals, the responsibility would entirely be of clients and no dispute tickets or complaints shall be entertained by the company at any level.
Upon expiry of a domain, the registrar shall have every right to put a default parking page with its own advertisements on it. Clients acknowledge and accept the fact that in case of expired domains, restoration of domains after renewal may take at least five to ten days due to propagation factors or registrar problems. The restoration charges of a domain during redemption period would be applicable as per registrar’s policy and might be even a little higher.
In case where any refund of any fee or charges relating to the services provided by the Company is to be made the same shall be made only by adding the amount to the extent of refund amount in client area. It is also made clear that refund shall be allowed to a maximum amount equivalent to the amount of 30 days of the fee payable for the services.
VPS, Dedicated & Cloud Server Suspension & Termination: IBN has full rights to suspend and terminate the hosting services on the payment due date. The client is solely responsible for paying IBN on the due date of his/her services. IBN will not be responsible for any data loss/mis-happenings that may occurs due to nonpayment of services on the due date.
Upgradation/Migration:
In case of migration/upgradation, your (client’s) old server/account will be terminated in 48 hours of the activation of the new server/account without any further intimidation. It is the client’s responsibility to ensure the full completion of migration within 48 hours of getting the new account details. IBN will not be liable for any data loss/mis-happenings that may occur after 48 hours of the activation of new account.
Account Cancellation:
Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice by the Subscribers / Customers through the member control panel.
Only the authorized account holder or an authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.
Refunds:
IBN Strictly avoids any refund in any case
New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.
For a new domain registration request, a Registrar may take at least three to seven business days factoring in on elements like holidays, internal processing issues etc. and in all such cases, the Company cannot and shall not be held liable if your domain name gets registered by some other party. In case of any dispute arising out of this, the company’s liability shall be restricted purely to making refund of the amount received by it for a new domain request and not beyond. The company shall not be liable for any delay whatsoever occurring in the domain transfer process.
Transfer of Domains:
New webhosting accounts which involve the transfer of a domain from another provider to www.cloudibn.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by www.cloudibn.com on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges paid by the Customer shall be non-refundable.
Support Boundaries: IBN provides dedicated technical support to our customers/subscribers, however in accordance with purchase plan or service type. We limit our technical support to our area of expertise. The following are our guidelines when providing support:
IBN provides support related to your server or virtual site physical functioning.
IBN does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue.
IBN does not provide technical support for YOUR customers. If you are able to get online and have other questions, the answers may be on our Knowledgebase – we encourage you to check there first.
The Skype or any otherChator any other method of communication with customers/clients is only for basic help. Please do not provide your sensitive information to our agents/executives etc like login details, passwords, banking info etc. on anyChat. You should also not make any commitments on chator otherwise. All such commitments, disclosures and interactions with our team would solely be at your own risk and IBN do not deem valid or vouch for the authenticity of all such interactions. IBN recommends that for all complex and advanced issues, customer duly raise a ticket by logging into their member control panels.
Sales Commitments:
Any commitment of the Sales team to the client regarding the availability of technical features, unless in accordance with technical specifications and plans mentioned on the company website would not incur any liability upon the company. All such unsubstantiated commitments by the sales team on phone or mails would not carry any weight in the eyes of the company and the Company is not responsible and not be held liable for any such unauthorized commitment.
If upon proper assessment and merits of a particular case, a contradiction or mismatch is detected by company management between what was committed and what was stated on website, if warranted at all, a refund on pro-rata basis would be provided, but no legal accountability will be entertained.
Ticket, Live Chat & Phone Support: Our telephone and Live Chat support is available for users to update them about the status of their problems. Phone and chat support would not at any point of time be available to render technical and support information to customers. No Third Party Application will be supported in any case by IBN Support Team.
All clients of Shared Hosting would be allowed to create up to five (5) tickets per month and up to 5 phone support up to five (5) times. However, in case of managed Dedicated and VPS hosting clients there would be no limit on phone and ticket support. All clients of unmanaged Dedicated and VPS Hosting would be eligible to create up to eight (8) tickets per month. Resellers can create up to 7 tickets per month.
For technical and billing related issues, clients can raise tickets only via member control panel and not through emails sent to technical and billing departments. For billing and support related issues we do not entertain any emails addressed to sales and abuse departments. All such mails addressed and sent to cross-functional departments (Sales, Abuse, etc.) would not be answered by the company. Also, all such issues would not be handled by our team on Live chat.
No queries of technical and billing nature would be entertained by team on a Sales chat session. The timings for Sales and Technical chat would be 10:00 am to 7:00 pm. Any phone calls made to cross-functional departments (Sales, Abuse, etc) regarding billing or support queries would not be answered by these departments.
Other than the stipulated channels of support, the company would not entertain any query, discussion, complaint related to billing, support, or sales on a face-to-face basis.
Customers/clients may strictly desist from approaching any individual in person regarding technical support or any other issue. All such attempts would not be entertained or acknowledged by the Company.
SPAM and Unsolicited Commercial Email (UCE):
IBN takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of IBN may not use or permit others to use our network to transact in UCE. Customers of IBN may not host, or permit hosting of sites or information that is advertised by UCE from other networks.
In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make an SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carries severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam, we reserve the right to occasionally sample bulk email being sent from servers.
Violation of IBN’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, IBN will initiate an immediate investigation (within 48 hours of notification). During the investigation, IBN may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, IBN may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, IBN reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. IBN will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that IBN personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the IBN network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
Network:
IP Address Ownership:
If IBN assigns Customer an Internet Protocol address for Customer’s use, Customer shall have no right to use that Internet Protocol address except as permitted by IBN in its sole discretion in connection with the Services, during the term of this Agreement. IBN shall control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by IBN, and IBN reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). IBN will monitor Customer’s bandwidth and disk usage. IBN shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in IBN’s sole and absolute discretion.
If IBN takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic is counted. In the event that a customer exceeds the included allocation, IBN may, at its sole discretion bill the customer over-usage. Unused bandwidth allocations cannot be carried over to future months or applied to other servers.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the IBN’s Network. Violations of system or network security or any attempt thereof may result in civil or criminal liability. IBN will investigate occurrences, which may involve such violationsor any such attempt and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
• Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing”.
• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
• Taking any action in order to obtain services to which such User is not entitled.
IBN wishes to emphasize that in agreeing to the IBN Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies IBN for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to IBN or the bringing of any claim against IBN by any third-party. This means that if IBN is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against IBN, plus all costs and attorney’s fees.
You agree that if your agent (i.e. and Internet Service Provider, Web design company, employee, etc) purchased the services of the Company on your behalf, you shall nonetheless be bound as a principal by all the terms and conditions herein.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by customer/Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Subscriber. The company reserves the right to cancel customers’ rights under this contract at any time without further obligation.
IBN takes no responsibility for any material input by others and not posted to the IBN Network by IBN. IBN is not responsible for the content of any other websites linked to the IBN Network; links are provided as Internet navigation tools only. IBN disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
IBN is not responsible for any damages your business may suffer. IBN does not make implied or written warranties for any of our services. IBN denies any warranty or merchantability for a specific purpose. This may include loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by IBN.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content:
You, as IBN’s customer, are solely responsible for the content stored on and served by your IBN server.
Windows Servers:
Requirements for using Microsoft software. Customers/ Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
IBN may provide you access to other third party software and/or services (“Third Party Products “) through reseller relationships IBN has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by IBN and not by the Third Party Vendor. Neither IBN nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products.
Customer expressly acknowledges and agrees that use of third party products is at customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from IBN or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither IBN nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and IBN with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
Force Majeure:
Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
Denial of Service:
We reserve the right to refuse service to anyone at any time for any reason.
The laws of India govern this Policy. The Parties agree to use their best efforts to mutually resolve any dispute arising under this Policy. Failing which the dispute may be referred to Sole Arbitrator to be appointed by the Managing Director of IBN. The Arbitration proceedings shall be carried out at Pune in accordance with the Arbitration and Conciliation Act 1996.
Jurisdiction
The laws of the Republic of India shall govern this agreement. In any event of dispute the area of Jurisdiction shall be Pune only.
Acknowledgment
By placing, hiring and continuing to maintain or place information at IBN’s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
Minimum Credit Clause
The customer needs to maintain a said amount of minimum credit in his account to buy and utilize the postpaid subscription and services.
Suspension/Termination
The postpaid subscription will be suspended after 100% of the credit amount is consumed by the customer. In case of non-payment within specified period after suspension, the postpaid services will be terminated. IBN will not be responsible for any data loss or monetary loss that you may incur due to this.
Terms of Service/Usage
All services are subject to the terms and conditions set forth at https://www.cloudibn/legal/terms-of-usage/ and service setup information and pricing information as set forth in the marketplace. All Terms of Use or Service as specified at Microsoft Azure Legal Information, Microsoft Azure Agreement, Microsoft Azure Service Level Agreement and Microsoft Online Subscription Agreement shall be applicable to you and your end customers.
AWS Connectivity, Data Security & Uptime & Service Terms: As Client has hosted its application on AWS Cloud, uptime, SLA & Privacy will be provided by AWS Refer links: https://aws.amazon.com/legal/service-level-agreements Service Provider will not be responsible in case of interruptions in the network. Client also agrees to follow and obey standard service terms mentioned in AWS agreement https://aws.amazon.com/service-terms/